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The False Claims Act in 2025: Updates on & Preparing for Changing Enforcement Priorities (Presented by The Federal Bar Association Annual Meeting & Convention 2025 sponsor Faegre Drinker)

A comprehensive overview of False Claims Act enforcement, covering key legal elements, available defenses, and emerging trends in government fraud cases.

2025-09-16 14:00:00

Program Details

2025-09-16 14:00:00

Program Details

2025-09-16 14:00:00

Over 1,000+ webinars

2025-09-16 14:00:00

Course Overview

Mastering False Claims Act Enforcement Strategies

2025-09-16 14:00:00

Participants will learn FCA fundamentals, key defenses, and current enforcement priorities from former DOJ officials. This knowledge enables effective client counseling across healthcare, trade fraud, and federal contracting matters.

Format

CLE Credit

1h CLE Credits

Level

Intermediate

Length

1

Key topics that will be covered

01
FCA Basics
Civil statute allowing treble damages and whistleblower rewards of 15-30 percent.
02
Key Elements
Claims require falsity, materiality, scienter, causation, and harm proof.
03
Common Violations
Includes upcoding, unnecessary services, kickbacks, and false compliance certifications.
04
Available Defenses
Statute of limitations, first to file, public disclosure bar, and scienter challenges.
05
Healthcare Enforcement
Focus on kickbacks, laboratory testing, telemedicine, and COVID-related fraud cases.
06
Emerging Priorities
Trade fraud, DEI compliance certifications, and cybersecurity requirements under increased scrutiny.

Program schedule

clock 2:00 pm - 2:15 pm EST

Fundamentals of False Claims Act Enforcement

This session covers the historical background, purpose, and civil nature of the False Claims Act, including its origins as the ‘Lincoln Law’ and the significant 1986 amendments. Participants will learn about whistleblower incentives, the essential elements of an FCA claim, and the typical lifecycle of a case from sealed complaint through resolution.

Erica H. MacDonaldErica H. MacDonald
Carolyn Fitzhugh McNivenCarolyn Fitzhugh McNiven
Jessica NataliJessica Natali
clock 2:15 pm - 2:30 pm EST

Key Legal Issues and Available Defenses

This session examines common FCA violations including upcoding, kickbacks, and false certifications, along with the significant penalties defendants face including treble damages and exclusion. Participants will explore critical legal developments including post-Chevron agency deference, scienter standards after Super Value, circuit splits on causation, and the appointments clause challenge heading to the Supreme Court.

Erica H. MacDonaldErica H. MacDonald
Carolyn Fitzhugh McNivenCarolyn Fitzhugh McNiven
Jessica NataliJessica Natali
clock 2:30 pm - 2:45 pm EST

Current and Emerging FCA Enforcement Trends

This session analyzes where enforcement has been focused—healthcare, defense contracting, COVID fraud, and cybersecurity—and where it is heading under the current administration. Key emerging areas include trade fraud and customs enforcement, pharmacy benefit managers, DEI compliance certifications, and the government’s cross-agency task force initiatives to combat fraud.

Erica H. MacDonaldErica H. MacDonald
Carolyn Fitzhugh McNivenCarolyn Fitzhugh McNiven
Jessica NataliJessica Natali
clock 2:45 pm - 3:00 pm EST

Interactive Question and Answer Session

This session provides an opportunity for participants to engage directly with the presenters on topics covered throughout the program. Attendees can seek clarification on complex legal issues, discuss practical compliance strategies, and explore how enforcement trends may impact their specific practice areas.

Erica H. MacDonaldErica H. MacDonald
Carolyn Fitzhugh McNivenCarolyn Fitzhugh McNiven
Jessica NataliJessica Natali
Erica H. MacDonald

Erica H. MacDonald

Faegre Drinker Biddle & Reath LLP

Carolyn Fitzhugh McNiven

Carolyn Fitzhugh McNiven

Faegre Drinker Biddle & Reath LLP

Jessica Natali

Jessica Natali

Faegre Drinker Biddle & Reath LLP

Erica H. MacDonald

Erica H. MacDonald

Faegre Drinker Biddle & Reath LLP

Erica MacDonald is a Chambers-ranked litigator and partner in the business litigation group who co-chairs the white collar defense and investigations team. She specializes in high-risk, sensitive matters with over 26 years of investigative and litigation experience.

Recognition & Leadership

Chambers-ranked litigator

Professional Involvement

Selected to serve on the Attorney General's Advisory Committee

Experience

U.S. Attorney for the District of Minnesota (2018-21), served on the Attorney General's Advisory Committee advising on DOJ policy matters, Judge of District Court in Minnesota's First Judicial District (2010-18), Assistant U.S. Attorney (1999-2009). Adept in managing teams of attorneys running complex investigations.
Carolyn Fitzhugh McNiven

Carolyn Fitzhugh McNiven

Faegre Drinker Biddle & Reath LLP

Carolyn McNiven is a partner who handles challenging government enforcement problems with a focus on health care enforcement defense. She represents clients in criminal and civil matters, including sensitive internal investigations and government enforcement actions.

Experience

National practice representing public companies and individuals under U.S. Department of Justice investigation, defends civil enforcement matters triggered by qui tam (whistleblower) complaints, conducts sensitive internal investigations.
Jessica Natali

Jessica Natali

Faegre Drinker Biddle & Reath LLP

Jessica Natali is a white collar defense attorney and former Assistant U.S. Attorney with deep experience prosecuting and defending criminal cases, particularly in health care, securities, and financial services industries.

Professional Involvement

Assists clients in building and implementing policies and procedures consistent with DOJ and other government regulatory guidelines

Experience

Former Assistant U.S. Attorney for the Eastern District of Pennsylvania, represents entities and individuals in complex white collar defense matters, federal and state criminal cases, and grand jury investigations. Conducts internal and parallel investigations, handles product liability cases and defense of qui tam and False Claims Act complaints.
Erica H. MacDonald

Erica H. MacDonald

Faegre Drinker Biddle & Reath LLP

Erica MacDonald is a Chambers-ranked litigator and partner in the business litigation group who co-chairs the white collar defense and investigations team. She specializes in high-risk, sensitive matters with over 26 years of investigative and litigation experience.

Recognition & Leadership

Chambers-ranked litigator

Professional Involvement

Selected to serve on the Attorney General's Advisory Committee

Experience

U.S. Attorney for the District of Minnesota (2018-21), served on the Attorney General's Advisory Committee advising on DOJ policy matters, Judge of District Court in Minnesota's First Judicial District (2010-18), Assistant U.S. Attorney (1999-2009). Adept in managing teams of attorneys running complex investigations.
Carolyn Fitzhugh McNiven

Carolyn Fitzhugh McNiven

Faegre Drinker Biddle & Reath LLP

Carolyn McNiven is a partner who handles challenging government enforcement problems with a focus on health care enforcement defense. She represents clients in criminal and civil matters, including sensitive internal investigations and government enforcement actions.

Experience

National practice representing public companies and individuals under U.S. Department of Justice investigation, defends civil enforcement matters triggered by qui tam (whistleblower) complaints, conducts sensitive internal investigations.
Jessica Natali

Jessica Natali

Faegre Drinker Biddle & Reath LLP

Jessica Natali is a white collar defense attorney and former Assistant U.S. Attorney with deep experience prosecuting and defending criminal cases, particularly in health care, securities, and financial services industries.

Professional Involvement

Assists clients in building and implementing policies and procedures consistent with DOJ and other government regulatory guidelines

Experience

Former Assistant U.S. Attorney for the Eastern District of Pennsylvania, represents entities and individuals in complex white collar defense matters, federal and state criminal cases, and grand jury investigations. Conducts internal and parallel investigations, handles product liability cases and defense of qui tam and False Claims Act complaints.

Credits by state

AK1.0
AL1.0
AR1.0
AZ1.0
CA1.0
CO1.0
CT1.0
DC1.0
DE1.0
FL1.0
GA1.0
HI1.0
IA1.0
ID1.0
IL1.0
IN1.0
KS1.0
KY1.0
LA1.0
MA1.0
MD1.0
ME1.0
MI1.0
MN1.0
MO1.2
MS1.0
MT1.0
NC1.0
ND1.0
NE1.0
NH60.0
NJ1.2
NM1.0
NV1.0
NY1.0
OH1.0
OK1.0
OR1.0
PA1.0
RI1.0
SC1.0
SD1.0
TN1.0
TX1.0
UT1.0
VA1.0
VT1.0
WA1.0
WI1.0
WV1.2
WY1.0

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Trusted by Legal Professionals

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Trusted by Legal Professionals

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Live stream programs

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70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Pending
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Pending
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Pending
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs